application filing date

The date the USPTO receives an application in English that includes all the required components.

The application filing date also serves as the date of constructive use of the mark, provided the mark registers.  This constructive use date gives a registration owner nationwide priority over others who may use the same or a confusingly similar mark for similar or related goods/services, except parties who:

  1. used their mark before the applicant’s filing date,
  2. filed with the USPTO before the applicant, or
  3. are entitled to an earlier application filing date based on the filing of a foreign application.

The required components that an application must have to receive a filing date are:

  1. The applicant’s name
  2. A name and address for correspondence
  3. A clear drawing of the mark to be registered
  4. A list of the goods or services
  5. An application filing fee for at least one class of goods or services.

Other requirements for filing an application are addressed in examination if missing or incomplete.

For information on a complete application for a trademark/service mark, see complete trademark/service mark application.